States Ask Judge Hanen Not to Lift Temporary Hold

March 04, 2015
By
Zendeh Del Law Firm

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On Tuesday, Texas, along with 25 other states who filed a lawsuit to stop
President Obama’s executive action on immigration asked U.S. District
Judge Andrew Hanen in Brownsville, Texas, not to lift a temporary hold
on the President’s directives.

In a 22-page court filing to Hanen, the 26-state coalition asserted that
there was no emergency need to institute the sweeping program.

“It is not in the public interest to allow (the U.S. government)
to effect a breathtaking expansion of executive power, all before the
courts have had a full opportunity to consider its legality,” said
the states in their motion.

Judge Hanen ruled that the President’s executive action was in violation
of the Administrative Procedure Act, which governs the enactment of federal
regulations.

On Feb. 23, the U.S. government asked Hanen to lift his injunction while
his ruling was in the process of being appealed with the 5th U.S. Circuit
Court of Appeals in New Orleans.

The attorneys for the Justice Department said that the stay of Hanen’s
ruling is necessary “to ensure that the Department of Homeland Security
is able to most effectively protect national security, public safety,
and the integrity of the border.”

In contrast, the 26-state coalition, led by Texas, argues that the preliminary
injunction does impair the agency’s ability to marshal its assets
or deploy its resources.

The states argue that if the stay is lifted, it would irreversibly harm
them since they would be spending millions of dollars in government benefits
that would never be recovered if they win their lawsuit.

It is not yet clear as to when Hanen will rule on the White House’s
request to allow the program to move forward.

Do you need legal advice regarding an
immigration matter, or do you have questions about the President’s executive
action? Contact the Zendeh Del Law Firm, PLLC to schedule your
case evaluation!

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